문화다양성협약에 대한 법리적 연구 -문화상품의 국제교역과 문화권을 중심으로-

On 20 October 2005, the 33rd UNESCO General Conference adopted the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD). The major objectives of the CCD are the recognition of the dual nature of cultural expressions as objects of trade and artefacts of cultural value and the recognition of the sovereign right of governments to formulate and implement cultural policies and measures for the protection and promotion of cultural diversity. 'Cultural diversity' is described in Article 4 CCD as referring to 'the manifold ways in which the cultures of groups and societies find expression'. By characterizing culture in relation to its expression the CCD requires culture to be analysed in relation to the markets where it is represented. In view of the potential conflicts between trade and culture in the WTO framework Article 20(1)(b) CCD is particularly important. This subparagraph distinguishes between two situations: first, there is the situation where Parties to the Convention are 'interpreting and applying' other instruments of international law; second, there is the situation where they are 'entering into other international obligations'. But three factors would confine nations acting under the Convention to do so strictly in good faith pursuit of cultural diversity. The first factor would be the nature of cultural diversity itself, which requires access as well as plurality. The second factor would be the equivocal nature of the Convention, which counsels openness and balance even as it advocates protection and promotion, and calls for mutual supportiveness with other, possibly conflicting documents. The third and most significant factor would be the chapeau to Article XX, which is meant to prevent disguised restrictions in international trade. Since we Koreans lived in an uni-cultural societies for a long time, the notion of the cultural diversity is not familiar with us. But as a result of fast growing foreign labor immigrants form abroad in these days, Koreans are forced to get along with the cultures and peoples of diverse origins. In this context the CCD might be a very good educational instrument for the close-minded Koreans to open their eyes to the world.